Madras High Court
K.Ramasubramanian vs The District Registrar on 10 October, 2023
W.P.(MD)No.250 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.250 of 2021
and
W.M.P.(MD).No.198 of 2021
K.Ramasubramanian ... Petitioner
Vs.
1.The District Registrar,
Office of the District Registrar,
No.57, Railway Feeder Road,
Near New Bus Stand,
Tenkasi-627 811.
2.The Sub Registrar,
Sub Registrar Office,
No.29A, East Mosque Street,
NH744, Quaide Millath Nagar,
Puliangudi-627 855.
3.M.Gandhimathi
4.Pitchaiah
5.Natarajan
6.Muneeswaran
7.Mariappan
8.R.N.Anand
1/8
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W.P.(MD)No.250 of 2021
9.G.Arunachalam
10.Rajagopalan
11.Sankar
12.C.Balakrishnan
13.Sundaralakshmi
14.Backiyathai
15.Kathiresan
16.M.Subramanian
17.V.Udaiyar Konar
18.U.Lakshmi ...Respondents
(Respondent Nos.9 to 18 are impleaded vide Order of this Court
21.06.2021 in W.M.P.(MD).No.6057 of 2021 in W.P.(MD).No.250 of
2021)
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, forbearing the respondent Nos.1
and 2 from registering any document in respect of S.Nos.1000/1, 1000/2 ,
1000/4, 1001/1, 1064, 1065/7, 1065/10, 1019, 1020/2, 1020/6, 999/3
and 1065/11 situated at Chinthamani Village, Kadayanallur Taluk, Tenkasi
District, belonging to Arulmigu Shri Raja Rajeshwari Temple and Bajanai
Madam at Chinthamani Village.
2/8
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W.P.(MD)No.250 of 2021
For Petitioner : Mr.H.Lakshmi Shankar
For R-1 & R-2 : Ms.D.Farjana Ghoushia,
Special Government Pleader
For R-3 : Mr.M.Jothibasu
For R-4 to R-7 : Mr.Saravanakumar
For R-8 : Mr.V.Sasikumar
For R-10 : Mr.H.Arumugam
ORDER
This Writ Petition has been filed for the issue of writ of
mandamus forbearing the first and second respondents from registering
any document pertaining to the subject properties.
2. Heard the learned counsel on either side.
3. The petitioner claims that the properties belonged to the
Temple and the Bajanai Madam and therefore, the private respondents are
not entitled to deal with the subject properties.
4. The learned counsel appearing on behalf of the private
respondents submitted that they have an independent right over the subject
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W.P.(MD)No.250 of 2021
properties and they cannot be restrained from dealing with the subject
properties.
.
5. In the considered view of this Court, the issue involved in
the present Writ Petition can be dealt with in line with the Judgment of the
Division Bench of this Court in the case of Sudha Ravi Kumar Vs. The
Special Commissioner & Commissioner, H.R & C.E. Department,
Chennai-34 reported in 2017 (3) CTC 135 and the relevant portion in the
Judgment is extracted hereunder:
“25. In view of the above discussions,
all the writ petitions are allowed and the
impugned orders are set aside with the following
directions:
(i) The registering authority before whom the
document has been presented shall cause service
of notice on the parties to the deeds and also to
the objector / religious institution, hold summary
enquiry, hear the parties and then either register
or refuse to register the document by passing an
order having regard to the relevant facts as
indicated above.
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W.P.(MD)No.250 of 2021
(ii) If the registering authority, refuses to register
any document by accepting the objections raised
under Section 22-A of the Registration Act, the
aggrieved may file a statutory appeal under the
Act.
iii) If the objections raised under Section 22-A of
the Act by the religious institution are rejected and
the document is registered, the remedy for the
religious institution is to either approach this
Court by way of a writ petition seeking
cancellation of the registration or for any other
relief or to approach the civil Court for
declaration of the title and for other consequential
reliefs.
(iv) If the registering authority refuses to register
the document acting on the objections raised by a
religious institution under Section 22-A of the
Registration Act, the parties to the deed will be at
liberty to straightaway approach the Civil Court
for declaration of title and other relief without
availing the opportunity for filing a statutory
appeal.
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W.P.(MD)No.250 of 2021
(v) We further direct that if the deed has already
been registered without there being any objection
by the religious institution under Section 22-A of
the Act, the document shall be returned to the
parties concerned leaving it open for the religious
institution to approach either the High Court
under Article 226 of the Constitution of India or
the Civil Court for appropriate relief as indicated
above. At any rate, the registering authority shall
not withhold the deed which has already been
registered.
(vi) Consequently the connected miscellaneous
petitions are closed. No costs.”
6. In view of the above, if any document is presented for
registration before the second respondent with respect to the subject
properties, the second respondent shall follow the above directions given
by the Division Bench and take a decision with regard to the registration of
the documents.
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W.P.(MD)No.250 of 2021
7. This Writ Petition is disposed of with the above directions.
No costs. Consequently, the connected miscellaneous petition is closed.
10.10.2023
NCC:yes/no
Index:yes/no
Internet:yes/no
tsg
To
1.The District Registrar,
Office of the District Registrar,
No.57, Railway Feeder Road,
Near New Bus Stand,
Tenkasi-627 811.
2.The Sub Registrar,
Sub Registrar Office,
No.29A, East Mosque Street,
NH744, Quaide Millath Nagar,
Puliangudi-627 855.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.250 of 2021
N.ANAND VENKATESH, J.
tsg
W.P.(MD)No.250 of 2021
10.10.2023
https://www.mhc.tn.gov.in/judis
